Entries from March 1, 2008 - April 1, 2008

Dickie Scruggs; Speaking of Justice

Posted on Tuesday, April 1, 2008 at 09:10AM by Registered CommenterThe Civil Action Channel | CommentsPost a Comment | EmailEmail | PrintPrint

In today’s edition of Speaking of Justice the topic turns to the headline story of last week, the guilty plea of the “King of Torts”, Richard “Dickie” Scruggs.  In a week of amazing headlines regarding the likes of Eliot Spitzer or William Lerach, to our mind the most amazing story is this guilty plea of Scruggs to a charge of attempting to bribe a judge to rule in his favor during a legal dispute over attorney fees. 

Civil Action attorney Jan Schlichtmann and Speaking of Justice host Scott Drake look at the career of Dickie Scruggs, discuss the landmark case that brought him to prominence, that being the Tobacco litigation of the mid 1990s and the twists and turns of a career that has gone from the pinnacle of the law to now the very bottom. The question that comes to mind when anyone looks at the facts of this case and the status Mr. Scrugg’s enjoyed in the legal community virtually everyone wonders what could have driven this man to such an unlawful action when he already enjoyed wealth beyond that of all but a handful of citizens. 

Listen in as the dramatic rise and fall of “The King of Torts” is discussed today on Speaking of Justice.  

WR Grace to pay for Libby, MT asbestos clean up

Posted on Tuesday, April 1, 2008 at 09:06AM by Registered CommenterThe Civil Action Channel | CommentsPost a Comment | EmailEmail | PrintPrint

In news from last week, the EPA announced on March 12, 2008 that WR Grace had agreed to pay $250 million to the EPA to fund the clean up of the town of Libby, MT., one of the most notorious environmental disasters of the last 25 years. You can read the entire AP news wire report by clicking here.

” Taxpayers have been footing the bill for the U.S. Environmental Protection Agency’s investigative and cleanup work in Libby, where the agency arrived in 1999. Expenses total $168 million and another $175 million in costs are likely, said Paul Peronard, EPA’s Libby project leader. Sen. Max Baucus, a Montana Democrat, called $250 million “a drop in the bucket compared to the destruction and pain our neighbors in Libby have been through.”

Asbestos came from the vermiculite mine and processing facilities, a few miles from Libby, that Grace owned and operated from 1963 until the site’s closure in 1990. Vermiculite was used in a variety of products and the asbestos was dispersed in a variety of ways. Workers carried it home on their clothing. Asbestos also ended up in the yards of homes where vermiculite was spread as a soil conditioner. Exposure in Libby has been blamed for lung-scarring asbestosis and for mesothelioma, a fast-moving cancer that attacks the lungs. “jan.jpg

While notable for it’s amount and the fact that at long last some measure of compensation and justice for the residents of the small Montana mining community is on the horizon, the facts of the Libby case and what still lies ahead really isn’t discussed in great detail in any of the news reports.  For perspective on what happened at Libby, the nature of this environmental and public health disaster we have turned to LBN’s Jan Schlichtmann, one of the nations leading environmental lawyers to discuss the case.

For today’s edition of Speaking of Justice, discussing the Libby Montana $250 million EPA settlement and what the future holds, click here.  

Jan Schlichtmann discusses the FDA ruling on Procrit and Aranesp

Posted on Friday, March 14, 2008 at 10:57AM by Registered CommenterThe Civil Action Channel | Comments1 Comment | EmailEmail | PrintPrint

In today’s edition of Speaking of Justice host Scott Drake is joined by Civil Action lawyer Jan Schlichtmann as they discuss the news of the day concerning the Procrit and Aranesp and the potential cancer causing anemia drug issues. Since the fall of 2006 the medical, consumer and legal community have been closely watching the studies and investigations into these widely prescribed drugs for people on chemotherapy. 

Just today the ODAC committee of the FDA have now voted 13-1 that the drugs should stay available on the market and for use in cancer patients, but by a 12-2 vote that they should only be used in patients whose cancer is so far into it’s final stages that there is little hope for survival. Essentially they are baring it’s use in cases where there is early stage cancer or treatment so that the feared cancer accelerating aspects of these drugs are not a risk to patients. There are very few circumstances under which these drugs should be used if you or a family member have cancer and if you do use it you need to be in constant communication with your oncologist regarding it’s safety in your particular case.

Listen to the full podcast on anemia drugs, the FDA ruling and the future potential of any litigation as a result of the widely prescribed off label use of these drugs.  

Home Owners Beware - Forclosure Traps

Posted on Thursday, March 6, 2008 at 10:19AM by Registered CommenterThe Civil Action Channel | Comments2 Comments | EmailEmail | PrintPrint

Civil Action Attorney Jan Schlichtmann joins Scott Drake on Speaking of Justice to discuss the huge surge in home foreclosures and the legal traps that are devastating thousands of homeowners nationally. In this very timely podcast lawyers and listeners can get a quick primer in the new reality of what happens in foreclosure or trust deed sales in the new banking economy.   There are huge traps for unaware or unrepresented homeowners regarding state laws on notification of property sales, legal notice and forced sale of property that are catching people of all levels of society unaware. If you are facing foreclosure, if you want to know what your legal rights are or what the pitfalls might be, this is a must listen podcast!

Click here to listen to the podcast on mortgage foreclosures. 

Jan Schlichtmann On The Supreme Court and Exxon Valdez

Posted on Thursday, March 6, 2008 at 10:10AM by Registered CommenterThe Civil Action Channel | CommentsPost a Comment | EmailEmail | PrintPrint

In today’s edition of Speaking of Justice, the daily podcast featured on The Legal Broadcast Network, Scott Drake is joined by Civil Action attorney Jan Schlichtmann to discuss on the landmark environmental damage cases, the Exxon Valdez oil spill. This infamous case is STILL being litigated, almost 20 years after the accident, as the argument of the punitive damages was heard before the Supreme Court earlier this week with a substantial risk that the entire amount could be tossed out. 

Jan, one of the nations leading expects on environmental damage cases, gives his unique perspective on this case, it’s history and how it has moved through the courts. If you are interested in environmental law, the Exxon Valdez case or are just a Supreme Court watcher, this will be a fascinating podcast for you to listen in on.

Click here to listen to the entire podcast.

West Virginia Tobacco Litigation

Posted on Thursday, March 6, 2008 at 10:07AM by Registered CommenterThe Civil Action Channel | CommentsPost a Comment | EmailEmail | PrintPrint

In today’s edition of  “Speaking of Justice” LBN host Scott Drake is joined by famed Civil Action Attorney Jan Schlichtmann to discuss last weeks Supreme Court decision on the matter between the State of West Virginia and the tobacco companies. 

Many people and attorney’s are not aware there are still tobacco cases being brought against the firms that produce cigarettes for health and personal injury damage claims.  The West Virginia case centered on an argument to the US Supreme Court that a trial plan that cigarette makers claim will lead to unconstitutional awards of punitive damages had been crafted by the WV courts and they were calling for it to be striken. The US Supreme Court rejected this argument and cleared the way for sick smokers to seek millions, if not billions, of dollars in damages.

Learn more about this important ruling and it’s impact on the many individual smokers cases that are still pending in the court system by clicking here to hear the entire podcast.  

Civil Acion Lawyer Discusses Preemption

Posted on Thursday, March 6, 2008 at 09:45AM by Registered CommenterThe Civil Action Channel in | CommentsPost a Comment | EmailEmail | PrintPrint

In the first of a series of podcasts on the important topic of preemption, Civil Action Attorney Jan Schlichtmann joins Scott Drake on Speaking of Justice to discuss the recent Supreme Court ruling in the Eiegel v. Medtronic case. This decision is going to be the first of two key cases addressing this contentious issue and Jan weighs in with his thoughts on where this decision could lead. 

Later this week several of our other guest commentators will also cover this topic, with an eye toward the pending Warner-Lambert v. Kent as well as the Wyeth v. Levine cases that look at this same topic from the perspective of pharmaceutical litigation.

This is a major topic in mass torts and state law, as well as an issue of intense interest to Supreme Court watchers and constitutional law experts, so if you want to listen to a wide range of opinions and thoughts on preemption make sure you are getting our audio feeds or stealing our podcast widget so you can place it on your site.  

Click to hear the entire podcast here.